DO MILITARY PERSONNEL ENJOY THEIR CONSTITUTIONAL RIGHTS?

By- Harshita Poonia

Article 33 and 34 enable the Parliament to limit, adjust or revoke the essential rights to the individuals from military, para-military powers, police powers, and individuals from knowledge offices or comparative administrations. The above intensity of adjustment, limiting the basic rights, is accessible just with parliament and not state councils.

The forces presented by Article 33; Parliament has approved the Central Government to make rules to confine certain Fundamental Rights of the individuals from the military.

The Central Government, practicing its standard creation power under the Army Act, 1950 (and furthermore the Air Force Act), has confined the rights identifying with the right to speak freely of discourse and articulation, opportunity of gathering, and opportunity to shape affiliations and associations contained in Article 19 of the Constitution.

On account of the Navy, Parliament has done this under section 12 of the Navy Act itself. The Supreme Court has decided that these rights can be confined in any event, for staff with non-battle functions in the military. This seems intelligent in light of the fact that the military must be a focused association. The question is further discussed whether the Fundamental Rights of the individuals from the military, other than the three recorded under Article 19, can likewise be revoked regardless of whether they don’t have any effect on discipline or the presentation of obligation.

For more, read at https://thelegisprudence.com/2020/11/07/do-military-personnel-enjoy-their-constitutional-rights/


ROLE OF JUDICIARY IN ENVIRONMENT PROTECTION

                      By: Aayushi Mehta & Harshita Poonia

The earth outfits all basics forever thus there has been a nearby connection between nature and people. Without a characteristic and amiable condition, human presence is unimaginable on earth.

To ensure a healthy and safe environment Judiciary intervention was considered necessary. It is one of the main aims of the Government which has contributed towards such Sustainable Development.

One of the primary developments in the Indian Judiciary is the Public Interest Litigation (PIL). It began in the year 1970. The PILs got established authorization in the 42nd Constitution Amendment Act 1974, which presented Article 39-A in the Indian Constitution to give equivalent equity and free legitimate guide.

The PIL energized and influenced people (influenced by any undertaking), public minded individuals, willful associations, NGOs; Judges all alone, to begin without paying any court expenses. Because of PILs, numerous milestone decisions are distributed.

Keywords: Judiciary, Environment, PIL

Read more at http://thelegisprudence.com/?p=2154


INTERPRETING BORDER DISPUTES OF INDIA WITH PAKISTAN, CHINA AND NEPAL

By- Harshita Poonia

This article endeavours to direct a thorough appraisal of India’s and China’s inclinations in Nepal and Pakistan in the wake of the extraordinary political changes.

The development of individuals and products across borders is carefully constrained by states. Nonetheless, there are a few special cases to these components.

India–Nepal fringe, for example, is tranquil and permeable with negligible limitations on the development of products and individuals. Though, there are times when fringe issues between these two agreeable neighbours have taken a basic turn.

There is additionally an endeavour in this article to examine the ongoing changes in the India– Nepal, China, and, Pakistan relations from the point of view of outskirt considerations.

Key Words– India -Nepal fringe, limitations, inclinations, development

Read more at https://thelegisprudence.com/2020/09/30/interpreting-border-disputes-of-india-with-pakistan-china-and-nepal-2/


CHILDREN FOR SALE: THE FIGHT AGAINST CHILD TRAFFICKING IN INDIA

By- Gaargi Tomar

Trafficking in human beings especially in women and children is a serious matter that is pervasive in India. Trafficking of children is a worldwide phenomenon where women and children are subjected to forced labour and sex trafficking.

In India, in the last few years the magnitude of human trafficking has increased though the accurate numbers are not known. It is one of the most lucrative criminal trades beside arms and drug smuggling which are undertaken by highly organized criminals.

In India, Child trafficking is not only carried out for sex ‘trade’ but also for the other forms of non-sex based exploitations which include domestic labour, industrial labour, agriculture labour, begging, organ trade and false marriage.

And when the question arises that who are the children trafficked, they are illiterate with very low level of illiteracy, belong to poor families, street children and even many of them are victims of natural disasters or calamities.

After viewing the magnitude of the problems, India has built a fairly wide framework of laws enacted by the Parliament. Article 23 and 24 of the Constitution and is the Legal Framework to address trafficking in the India.

The author has also discussed the factors which are leading to trafficking, magnitude of problems, role of state, NGOs, Media and legal framework subjected to child trafficking. 

KEY WORDS: Child Trafficking, Constitution, drug smuggling, agriculture labour, begging

Read more at https://thelegisprudence.com/2020/09/27/children-for-sale-the-fight-against-child-trafficking-in-india/


FARMERS PROTESTING: JAI JAWAN JAI KISAN TO KISAN BACHAO MANDI BACHAO

By- Aaditya Sinha

The purpose of this is study is to analyze the three ordinances which are passed in Lok Sabha (Lower house of the parliament).

Before these ordinances, the agricultural structure of our country was based on the Agricultural Produce Market Committee (APMC) Act. The act regulates the farming structure and if the lender wants to purchase the commodities from the farmer, they need a license. There is also a concept of Minimum Support Price (MSP) which is the least amount that the lender must give to the farmers.

APMC Act itself is not a flawless Act, because many lenders decided that they will not give more than the MSP, so MSP equals to Maximum Selling Price. Also, if the MSP will increase then the common people will suffer, so the situation was very dicey.

Among these three ordinances, the most controversial thing is from “The Farmers Produce Trade and Commerce (Promotion and Facilitation) Ordinance, 2020”. Section 2(m) of this Act doesn’t define the territory of APMC and this is the reason why the farmer feels that the government will privatize the agriculture set-up.

The solution as of now seems very gloomy because the farmers are saying that this Act is not helpful whereas the Government has given the slogan stating “One Nation One Market”.

KEYWORDS: APMC, Maximum Selling price, Minimum Support Price, Lok Sabha,  One Nation- One Market

Read more at https://thelegisprudence.com/2020/09/26/farmers-protesting-jai-jawan-jai-kisan-to-kisan-bachao-mandi-bachao/


IMPACT ON INDIAN ECONOMY DUE TO COVID-19

By-Aaditya Sinha

The purpose of the study is very important since the economy of our country which was already suffering is almost rattled in the COVID-19 Pandemic.

The reason for such a terrible condition is that majorly most of the rural Indian people are dependent on agriculture. Since the lockdown happened, these people who are daily wage earners, their source of income got over.

Statistics have shown that the growth of the Indian economy has reduced to 3.1% in the fourth quarter of a fiscal year. The major parameter to check whether the economy is rising or falling is to calculate nominal GDP or GDP (Gross Domestic Product).

Recently the GDP in the first quarter of the fiscal year has shrunk to roughly 23%. There are many steps taken by the government like many policies were given to people who earn less, one nation one ration card policy approved.

New education policy was also introduced which is expected to increase the economy of our country. The country however is still in partial lockdown because the COVID-19 cases are only increasing day by day.

The only rational step seems to understand and access the situation wisely and then decide “which sector needs to open when”. The situation is still critical, one has to think about it and if not accepted then at least one has to pretend to be normal in this situation because this is probably the “New-Normal”

Keywords: Fiscal Year, GDP, COVID-19, Pandemic, Sector, Agriculture, Economy, Policy 

Read more at https://thelegisprudence.com/2020/09/23/impact-on-indian-economy-due-to-covid-19/


WHETHER SECTION 309 SHOULD BE DECRIMINALIZED OR NOT?

By- Aayushi Mehta

Suicide is fundamentally an attempt made by an individual to bring an end to his life. The attempt to commit suicide can be because of many factors like mental stress or illness. Thus, it is necessary to understand the true intention of the individual for inducing in such an act before holding him punishable under Section 309 of the Indian Penal Code.

The prestigious article in our constitution Article 21 provides the Right to Life to all but it does not embrace within its scope the impression of the Right to Die. The notion that if a person committing suicide fails will be prosecuted under section 309 of IPC is inappropriate to an extent. The MHA is special legislation that needs to be taken into consideration. According to WHO, approximately 59 countries have decriminalized the attempt of suicide by a person.

This is a topic of foremost concern that needs to handle with gentle care rather than imprisoning the personnel’s or imposing fine on them. Is it a settled principle that special laws will prevail over general laws, it is high time that the officials should keep themselves updated with omissions or additions in our laws. Thereby, considering the booking of a person under section 309 IPC is totally void.

Key Words: Section 309, Section 115 MHA, Decriminalizing, Attempt to Suicide

Read more at https://thelegisprudence.com/2020/09/21/whether-section-309-should-be-decriminalized-on-not/


IS HUMANITY DEAD? (WILDLIFE PROTECTION ACT, 1972)

BY- TANYA GUPTA

The Wildlife Act was passed in 1972 to secure the natural life and their environments. The natural surroundings are diminishing because of farming, businesses, urbanization and other human exercises had prompted the disintegration of the nation’s wildlife.

It accommodates insurance to types of vegetation and sets up an organization of environmentally significant ensured territories. The Act comprises of 60 Sections and VI Schedules-separated into Eight Chapters.

A subsequent law was authorized in 1912 called the Wild Birds and Animals Protection Act. This was changed in 1935 when the Wild Birds and Animals Protection (Amendment) Act 1935 was passed.

It accommodates specialists to direct and execute the Act, also manage the hunting of wild creatures, public stops and shut zones, confine exchange or trade-in wild creatures and incidental issues like when a female pregnant elephant was killed in Kerala by feeding her an organic product which was loaded with explosives.

Every one of these Acts legitimately or by implication offer arrangements to the insurance of the natural life. Be that as it may, the blog explicitly accentuates on Wildlife assurance, since the theme is natural life security.

Read more at https://thelegisprudence.com/2020/09/19/is-humanity-dead-wildlife-protection-act-1972/


DE-CRIMINALIZING ATTEMPT TO SUICIDE: INDIA RECOGNIZES MENTAL HEALTH

By- Muskaan Singh

Attempt to suicide is considered a serious mental health problem, which requires immediate interventions and care. In the 21st century, it is not a rare sight to see someone depressed and in anxiety.

Students nowadays are stressed, anxious, and nervous regarding their studies due to the increase in competition in every profession. Big businessmen even face such problems of anxiety and nervous breakdowns.

Indian student’s suicide crisis is not a new crisis in the country, the only difference was that the country was not ready to face it and was living in denial. A large number of suicides every year are reported between the age group of 15-29 years. Students in large number prepare for tough competitive exams like IITs and Medical colleges but due to high pressure fail to crack it. Amongst these are students who are not able to bear this pressure and thus, they attempt suicide[1].

Read more at https://thelegisprudence.com/2020/09/18/de-criminalizing-attempt-to-suicide-india-recognizes-mental-health/


[1]Vishnu Gopinath, Why Do So Many Students in India End Their Lives Over Exams?, The Quint (May 11,2019, 07:33PM) https://www.thequint.com/podcast/indian-students-suicide-rate-exam-pressure